CHANDRA PRAKASH DUBEY Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition has been filed by the petitioner to quash the impugned result of Service Board and the orders dtd. 18/11/2014 and 16/11/2018 and to direct the respondents to take back the petitioner into service with effect from 1/6/2015 with all the consequential benefits entitled to him. The petitioner also prays for a direction on the respondents to award interest on the arrears accrued for GPF, Pension etc. along with adequate costs of litigation.

(2.) Brief facts are that the petitioner was initially appointed as L.Naik Writer on regular basis in the Directorate of Assam Rifles on 25/5/1985 and thereafter, he was promoted to Naib Subedar Clerk on 18/9/2006. A service review of the petitioner was conducted upon completion of 30 years of service under the provision of Rule 48(1)(b) of Central Civil Service (Pension) Rules, 1972 and FR-56 and, vide result of Service Review Board dtd. 31/10/2014, the petitioner was not granted further retention in service on the ground that he has not meted out the ACR criteria. Thereafter, the office of the Directorate General of Assam Rifles, Shilling-II issued an order dtd. 18/11/2014 stating that the petitioner, on completing 30 years of qualifying service for pension on 25/5/2015, shall retire from service on the forenoon of 1/6/2015.

(3.) Aggrieved by the order dtd. 18/11/2014, the petitioner has filed W.P.(C) No.357 of 2015 and by an order dtd. 27/8/2018, this Court disposed of the writ petition with direction to the petitioner to file a statutory appeal. Accordingly, the petitioner has preferred the appeal on 2/9/2018 before the second respondent. However, the second respondent issued the impugned order dtd. 16/11/2018 disposing of the appeal filed by the petitioner contrary to the direction issued in W.P.(C) No.357 of 2015. Challenging the same, the petitioner has filed the writ petition.